Vishal Sharma 19 August 2023

Partition suit

F grandfather has a self acquired property. He has shop and house.after his death his wife made a will in favour of three sons namely roshan sahil and raj. Now roshan lal , sahil and raj has there own childrens. roshan has two sons and one married daughter name priya. after marriage she did not no what happen and how property disributed. she gets jama-bandi and her name is not there. instead of this roshan lal, sahil and Raj has a share in property and roshan lal wife ,sahil wife and raj wife also has share. now roshan lal both sons got share according to jama-bandi but daughter name priya is not mention. one of the son of roshan lal i.e ajay file a partition suit against sahil and raj . my question is

Is priya can file suit for partition suit against brother ajay?

is coparcenary is establish in this case ?

is grandmother can made a will?

can she claim share?

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3 Replies

P. Venu (Advocate) 19 August 2023

The property belonged to the grandfather. On the death of the grandfather and grandfather, the children are the legal heirs. the spouses of the children or their wives has no share in the property unless tranferred/conveyed by them by executing a deed and registering the same.

By the way, have roshan sahil and raj any sisters?

Vishal Sharma 20 August 2023

yes one sister

P. Venu (Advocate) 20 August 2023

If so, the property stands devolved upon the three sonshers, but the daughter of the deceased as well. Others - wives of the sons or the grand children - can claim no rights or interests by inheritance.